`Tel: 571-272-7822
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`Paper 41
`Entered: November 10, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`MEDTRONIC, INC. and MEDTRONIC VASCULAR, INC.,
`Petitioner,
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`v.
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`ENDOTACH LLC,
`Patent Owner.
`____________
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`Case IPR2014-00100
`Patent 5,593,417
`____________
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`Before JACQUELINE WRIGHT BONILLA, MICHAEL J. FITZPATRICK, and
`HYUN J. JUNG, Administrative Patent Judges.
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`
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`BONILLA, Administrative Patent Judge.
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`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
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`IPR2014-00100
`Patent 5,593,417
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`Petitioner, Medtronic, Inc. and Medtronic Vascular, Inc., and Patent Owner,
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`Endotach LLC, each requested oral argument pursuant to 37 C.F.R. § 42.70(a).
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`Papers 39 and 40. The requests are granted. The hearing will commence at 10:00
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`AM ET, on Thursday, November 20, 2014, on the ninth floor of Madison Building
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`East, 600 Dulany Street, Alexandria, Virginia.
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`Each party will have forty-five (45) minutes of total time to present
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`arguments. Petitioner bears the ultimate burden of proof that Patent Owner’s
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`claims at issue in this review are unpatentable. Thus, Petitioner will open the
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`hearing by presenting its case regarding the challenged claims and grounds for
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`which the Board instituted trial. Patent Owner then will respond to Petitioner’s
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`arguments. Petitioner may reserve time to respond to arguments presented by
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`Patent Owner.
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`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
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`exhibits upon each other at least five business days prior to the hearing.
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`Demonstrative exhibits shall be filed at the Board two business days prior to the
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`hearing, and the parties must initiate a conference call with the Board by two
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`business days prior to the hearing to resolve any dispute over the propriety of each
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`party’s demonstrative exhibits. The parties are directed to St. Jude Medical,
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`Cardiology Division, Inc. v. The Board of Regents of the University of Michigan,
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`IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for guidance regarding the
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`appropriate content of demonstrative exhibits.
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`The hearing will be open to the public for in-person attendance that will be
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`accommodated on a first-come, first-served basis. The Board will provide a court
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`reporter, and the reporter’s transcript will constitute the official record of the
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`hearing. The parties are reminded that each presenter must identify clearly and
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`specifically each demonstrative exhibit, e.g., by slide or screen number, referenced
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`2
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`IPR2014-00100
`Patent 5,593,417
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`during the oral hearing to ensure the clarity and accuracy of the reporter’s
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`transcript.
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`The Board expects lead counsel for each party to be present at the hearing,
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`although any counsel of record may make the presentation. If either party
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`anticipates that its lead counsel will not attend the oral argument, the parties should
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`initiate a joint telephone conference with the Board no later than two business days
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`prior to the oral hearing to discuss the matter.
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`Requests for audio-visual equipment are to be made 5 days in advance of the
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`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
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`received timely, the equipment may not be available on the day of the hearing.
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`Accordingly, it is
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`ORDERED that oral arguments in this proceeding shall take place beginning
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`at 10:00 AM Eastern Time on Thursday, November 20, 2014, on the ninth floor of
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`Madison Building East, 600 Dulany Street, Alexandria.
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`3
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`IPR2014-00100
`Patent 5,593,417
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`PETITIONER:
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`Jack Barufka
`barufka@pillsburylaw.com
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`Evan Finkel
`evan.finkel@pillsburylaw.com
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`Ngai Zhang
`ngai.zhang@pillsburylaw.com
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`PATENT OWNER:
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`Matthew Phillips
`matthew.phillips@renaissanceiplaw.com
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`Brett Pinkus
`pinkus@fsclaw.com
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`4
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